Amending America''s Unwritten Constitution

"There have been 27 amendments to the text of the US Constitution in just under 235 years. But there have been many more changes to the Constitution's unwritten rules. How do those changes happen, if not by textual amendment? This book is a deep dive into that fascinating puzzle"--

List of contents

Introduction; 1. The unwritten constitutions of the United States Mark Graber; 2. Enumerating amendments Sanford Levinson; 3. Change is the only constant: unwritten amendments and the courts Carolyn Shapiro; 4. The role of the people in unwritten amendment Emily Zackin; 5. Unwritten state constitutions? In search of constitutional participants Miriam Seifter; 6. State constitutions and the interaction between formal amendment and unwritten commitments Jonathan L. Marshfield; 7. The drive for a national popular vote for the presidency: a case study in amending the unwritten constitution Vikram David Amar; 8. The Trump presidency, racial realignment, and the future of constitutional norms Neil S. Siegel; 9. Amending an unwritten constitution: comparative perspectives Mark Tushnet; 10. The unwritten foundations of (all) written constitutions Frederick Schauer.

About the author

Richard Albert is the William Stamps Farish Professor in Law, Professor of Government, and Director of Constitutional Studies at the University of Texas at Austin.Ryan C. Williams is a Associate Professor of Law at Boston College Law School.Yaniv Roznai is an Associate Professor at the Harry Radzyner Law School, Reichman University (IDC Herzliya).

Summary

There have been only twenty-seven amendments to the text of the US Constitution since its creation, but many more changes to the Constitution's unwritten rules. How did those changes happen, if not by textual amendment? This volume takes a deep dive into that fascinating puzzle.

Foreword

How is the 'unwritten Constitution' amended? What is gained or lost by changing America's 'unwritten Constitution' with a written amendment?

Product details

• Authors: Richard (University of Texas Albert
• Assisted by: Richard Albert (Editor), Richard (University of Texas Albert (Editor), Albert Richard (Editor), Yaniv Roznai (Editor), Roznai Yaniv (Editor), Ryan C. Williams (Editor), Ryan C. (Boston College Williams (Editor), Williams Ryan C. (Editor)
• Publisher: Cambridge University Press ELT
• Languages: English
• Product format: Hardback
• Released: 30.11.2022
• EAN: 9781009246835
• ISBN: 978-1-0-0924683-5
• No. of pages: 250
• Series: Comparative Constitutional Law and Policy
• Subjects: Social sciences, law, business > Political science > Political science and political education; POLITICAL SCIENCE / Comparative Politics, LAW / International, LAW / Constitutional, LAW / Public, Comparative Politics, Public International Law, Constitutional & administrative law, Constitutional and administrative law: general